IN THE CASE OF:
BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018456
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq.
2. The applicant states that Item 18 (Remarks) of his DD Form 214 incorrectly shows that he served in Afghanistan. It should show Iraq.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 5 November 1998, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty 44E (Machinist).
3. The Defense Finance and Accounting Service (DFAS) records show that the applicant received hostile fire/imminent danger pay (HF/IPD) for service in Kuwait/Iraq in 2003.
4. On 20 December 2003, the applicant was honorably released from active duty by reason of completion of required active service and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.
5. Item 18 of the applicant's DD Form 214 indicates he served in Afghanistan in 2003 in support of Operation Enduring Freedom.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served in Iraq and his DD Form 214 should be corrected to show this service.
2. The available evidence shows that the applicant served in Kuwait/Iraq and not in Afghanistan. Therefore, his DD Form 214 should be corrected to show this foreign service.
BOARD VOTE:
____x____ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 18 of his DD Form 214 the entry "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20030326 TO 20030825"; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030326 - 20030825."
____________x___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090018456
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ABCMR Record of Proceedings (cont) AR20090018456
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